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Decision Text

ARMY | BCMR | CY2003 | 2003085774C070212
Original file (2003085774C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:


         BOARD DATE: 09 SEPTEMBER 2003
         DOCKET NUMBER: AR2003085774

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Ms. Shirley L. Powell Chairperson
Mr. Walter T. Morrison Member
Mr. Thomas A. Pagan Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: In effect, that his records be corrected to show that he was inducted into the Army at Fort Bragg, North Carolina, vice Fort Meade, Maryland.

APPLICANT STATES: The applicant made no statement.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from alternate sources.

The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows that he was inducted into the Army on 11 December 1941 at Fort Meade, Maryland. It shows that his permanent address for mailing purposes was Loretto, Pennsylvania. He was discharged on 7 October 1945 at Indiantown Gap Military Reservation (IGMR) in Pennsylvania.

The applicant's Final Payment – Work Sheet (War Department Form 372A) shows that he was inducted into the Army at Cresson, Pennsylvania and discharged at IGMR.

On 27 November 2002, in response to an inquiry from a Member of Congress (MC), the Army Reserve Personnel Command informed the MC that the applicant had an incomplete and reconstructed record, and that his final payment worksheet showed that he was inducted at Cresson, Pennsylvania, for which Fort Meade was the closest military installation. That command requested that the applicant submit any documents showing that his place of entry was Fort Bragg.

On behalf of the applicant, the MC submitted a copy of the applicant's motor vehicle operator's permit issued to him on 21 January 1942 at Fort Bragg. On 8 January 2003 the Army Reserve Personnel Command informed the MC that the permit did not indicate Fort Bragg as his place of entry, and also informed him that the applicant should apply to this Board if he feels that an error or injustice exists.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The applicant has submitted neither probative evidence nor a convincing argument in support of his request. Absent evidence to the contrary, his record is correct.

2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.

3. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__SLP __ __WTM__ __TAP __ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2003085774
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030909
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 100.00
2.
3.
4.
5.
6.


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